Wage Differential

Serious Cases Require Serious Representation

A wage differential injury is a serious case that requires serious representation.
You need confidence that your attorney has both the knowledge and experience
in handling a case of this magnitude. Leonard Law Group has represented
hundreds of wage differential clients for the past twenty years before
the Illinois Workers Compensation Commission. Our wage differential settlements
and trial awards are second to none in the city of Chicago. We pride ourselves
in representing wage differential clients and obtaining maximum compensation.

Please contact Leonard Law Groupso we may discuss your wage differential case. If you have already secured
legal representation, you may be eligible for a free second opinion case
evaluation.

Wage Differential Award Law in Illinois

If your on-the-job injury is serious enough and your doctor’s restrictions
prevent you from returning to your pre-injury employment, you may be entitled
to a wage differential settlement or trial award under Section 8(d)(1)
of the Illinois Workers Compensation Act.

Section 8(d)(1) of the Illinois Workers Compensation Act provides:

"If, after the accidental injury has been sustained, the employee
as a result thereof becomes partially incapacitated from pursuing his
usual and customary line of employment, he shall, except in cases compensated
under the specific schedule set forth in paragraph (e) of this Section,
receive compensation for the duration of his disability, subject to the
limitations as to maximum amounts fixed in paragraph (b) of this Section,
equal to 66-2/3% of the difference between the average amount which he
would be able to earn in the full performance of his duties in the occupation
in which he was engaged at the time of the accident and the average amount
which he is earning or is able to earn in some suitable employment or
business after the accident. For accidental injuries that occur on or
after September 1, 2011, an award for wage differential under this subsection
shall be effective only until the employee reaches the age of 67 or 5
years from the date the award."

This award is payable at 2/3 of the difference between what you would be
earning while working in your full duties at your former employer as of
the date of settlement or trial and what suitable employment either the
insurance company has found for you or you have found on your own as of
the date of settlement or trial. If the injury occurred after 9/1/11 the
wage differential calculation is capped at the age of 67 years or 5 years
after the wage differential award becomes final, whichever is later. This
new amendment will reduce the value of wage differential claims and may
result in a higher settlement or trial award if Section 8(e) or 8(d)(2)
is utilized.

Do I Qualify for a Wage Differential Award?

In order to qualify for a wage differential award pursuant to section 8(d)(1)
of the act, a claimant must prove a few things.

A claimant to a wage differential award must prove the following:

Partial Incapacity: This prevents pursuit of his usual and customary line of employment.

Impairment of Earnings: If your wage differential injury is after 2/1/2006, the maximum amount
of your 2/3 difference may be 100% of the Illinois state wide average
weekly wage.

Our skilled and experienced team of Chicago workers’ compensation
attorneys can walk you through your legal options and help you determine
whether or not you are eligible to claim this award.

Contact a Chicago Workers’ Compensation Lawyer Today!

Since 1995, Leonard Law Group has proudly represented the rights of workers
who have been injured on the job. We have served more than 7,500 clients
and obtained more than $250 million in trial awards and settlements. This
level of success is only due to our hard work, and our genuine care for
each client.

Learn more about your legal options by calling us at (312) 487-2513 today!
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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.